You have tenants in arrears and need support with debt collection, legal action, and enforcement.
Tenancy Law
A Classic That Keeps Evolving
Since 1900, the rights and obligations of landlords and tenants have been codified in the German Civil Code (BGB), specifically within tenancy law.German tenancy law is known for its complexity and undergoes regular updates, addressing topics like energy-efficient renovations, charging stations, or balcony solar panels.
Our approach is always to achieve a balanced relationship between landlords and tenants. When issues arise, we assist in finding fair and straightforward solutions.
Why are you contacting us?
Many situations recur, yet new challenges continually emerge due to legislative changes or evolving trends.
Proposed rent increases are being rejected.
Payments for modernization-related rent increases are not being made.
Disputes within the tenant community over issues like open stairwell windows or unpleasant odors from an apartment.
A tenant believes they are entitled to a rent reduction.
You are denied access to apartments to test smoke detectors or replace water meters
Our Services at a Glance
- Debt collection and litigation
- Review and handling of community complaints and rent reductions
- Enforcement of terminations through eviction lawsuits
- Review and implementation of rent increases
- Review and preparation of operating cost statements
- Legal actions to gain apartment access
- Enforcement orders
Our Clients Ask Us...
Is a security deposit still required despite paying cooperative shares?
Membership in a cooperative and the associated share contributions are not legally considered a security deposit under § 551 BGB.Therefore, a cooperative could, in theory, require both share contributions and a security deposit.However, this is generally not practiced.
Can a tenant install a balcony solar panel without approval? What should be considered?
Most usage and rental agreements include clauses requiring prior landlord approval for structural changes to the rental property. Installing a balcony solar panel is typically classified as such a structural change or addition.
Landlords can take action against unauthorized installations and demand their removal.
It is strongly recommended that landlords establish and follow a checklist when tenants inquire about installations, addressing aspects like insurance coverage, structural integrity, and technical specifications in advance. This helps prevent risks to the building’s structure and residents, as well as uncontrolled proliferation of installations.
If a tenant meets all requirements, denying approval becomes challenging.For instance, the Stuttgart District Court ruled on March 30, 2021 (Case No. 37 C 2283/20) that a tenant is generally entitled to install a solar system on the balcony, provided it complies with building regulations, is not visually disruptive, can be easily dismantled, and is professionally installed.
A proposed rent increase up to the local comparative rent remains within the rent index but is deemed unreasonable by the tenant-what can I do?
Initially, you can attempt to persuade the tenant by referencing the rent index’s criteria. A tenant’s claim of being unable to afford the increase is not a valid objection under §§ 558 ff BGB.
If the tenant still refuses to consent despite adherence to the rent increase regulations, you must file a lawsuit seeking approval at the competent district court within three months of the proposed increase date. Failure to do so renders the rent increase request void.
